The Next Edition of theThe Next Edition of theManual of Surveying InstructionsManual of Surveying Instructions

and the Modern Cadastreand the Modern Cadastre

Presented by:Presented by:

John Sroufe, Chief Cadastral SurveyorJohn Sroufe, Chief Cadastral SurveyorBLM Alaska State Office, Anchorage, AK.BLM Alaska State Office, Anchorage, AK.

Bob Dahl, Cadastral SurveyorBob Dahl, Cadastral SurveyorBLM Lands and Realty Group, Washington, D.C.BLM Lands and Realty Group, Washington, D.C.

4040thth Annual Alaska Surveying and Mapping Conference Annual Alaska Surveying and Mapping ConferenceAnchorage, AKAnchorage, AK

February 15, 2006February 15, 2006

• Cadastre – Cadastral – Cadastral Survey

• What is the Manual of Surveying Instructions?

• Why is the Manual relevant to the Surveyor in Alaska?

Agenda

• Scope of the project – Technical project nested in a web of administration

• What is the process?

• How are we going about it?

• Where are we to date?

Agenda

OHA → ↑ IBLA IBIA IBCA

Bureau of Land ManagementBureau of Land Management

Cadastral PresenceCadastral Presence

• At the DOI level – BLM is 1 of 15 Bureaus and Offices

• Within BLM – Cadastral is one of nearly 60 programs

What is theWhat is the

Manual of Instructions for the Manual of Instructions for the Survey of the Public Lands of the Survey of the Public Lands of the

United StatesUnited States? (? (ManualManual))

Whom/What is affected?Whom/What is affected?

Why is the ManualWhy is the Manual

Relevant to the Professional Land Relevant to the Professional Land Surveyor in Alaska?Surveyor in Alaska?

By fundamental law, upon the issuance of a patent for land by the Federal government; it is just as if the monuments, survey plat and field

notes, and the laws, regulations and rules governing how to survey the land described in the

patent, are stapled to the face of the patent.

The survey rules are spelled out in the manuals, circulars, instructions and regulations issued by the GLO and later by the BLM.

UNITED STATES CODEUNITED STATES CODETitle 43 Public Lands Title 43 Public Lands § 2§ 2

The Secretary of the Interior or such The Secretary of the Interior or such officer as he may designate (the BLM) officer as he may designate (the BLM)

shall perform all executive duties shall perform all executive duties appertaining to the surveying and sale of appertaining to the surveying and sale of

the public lands of the United Statesthe public lands of the United States

Title 43 U.S.C. Title 43 U.S.C. §§§ 751a, 751b, 751-753, 770, § 751a, 751b, 751-753, 770, 772, 773772, 773

Other Federal Laws – Containing Survey Rules –Other Federal Laws – Containing Survey Rules –The Federal Survey RulesThe Federal Survey Rules

The Manual of Surveying Instructions describes The Manual of Surveying Instructions describes how cadastral surveys of the public lands are how cadastral surveys of the public lands are made in conformance to statutory law and its made in conformance to statutory law and its judicial interpretation. (1973 Manual judicial interpretation. (1973 Manual § 1-1.)§ 1-1.)

It is within the province of the Director to determine It is within the province of the Director to determine what are public lands, what lands have been what are public lands, what lands have been

surveyed, what are to be surveyed, what have been surveyed, what are to be surveyed, what have been disposed of, what remains to be disposed of, and disposed of, what remains to be disposed of, and

what are reserved.what are reserved.(1973 Manual (1973 Manual § 1-11.)§ 1-11.)

MANUALMANUAL

When a boundary location1) is to be run and marked; or

2) becomes unclear;the Manual is the guidance (the rules) governing

1) the running and marking of lines and corners; and 2) the relocation of boundaries

and corners;in conformance to the controlling monuments,

survey plat(s), field notes, rules, regulations and laws.

It is settled law that the United States may survey what it owns and thereby establish and reestablish boundaries, but what the government does in this regard is for its own information and cannot affect the rights of owners on the other side of an existing boundary. United States v. State Investment Co., 264 U.S. 206, 212 (1924), citing Lane v. Darlington, 249 U.S. 331, 333 (1919).

United States Supreme CourtUnited States Supreme Court

The state cannot undo what the SOI has done, ordecree rights of private parties in the land

Land LawLand LawGauthier v. Morrison, 62 Wash. 572 (1911); reversed on other grounds, 232 US 452 (1914)

The power to make and correct surveys of the lands prior to issuance of patent belongs to the SOI;

decisions within her exclusive jurisdiction are unassailable by the courts, except by a direct proceeding;

the latter have no concurrent or original power to make similar corrections; and this is an elementary principle of our land law - Cragin v. Powell, 128 U.S. 691) (1888)

The reason of this rule is that great confusion and litigation would ensue if the judicial tribunals, State and Federal, were permitted to interfere and overthrow the public surveys on no other ground than an opinion that they could have the work in the field better done and divisions more equitably made than the department of public lands could do

Has Congress passed laws, with survey rules, Has Congress passed laws, with survey rules, pertaining to Alaska only:pertaining to Alaska only:

1)1) which waived requirements of;which waived requirements of;2)2) authorized deviation from; orauthorized deviation from; or

3)3) modified a portion of;modified a portion of;the the ManualManual??

1)1) Alaska Statehood Act (72 Stat 339);Alaska Statehood Act (72 Stat 339);2)2) Alaska Native Claims Settlement Act (ANCSA) Alaska Native Claims Settlement Act (ANCSA)

43 USC 1601 et seq.; and 43 USC 1601 et seq.; and 3)3) Alaska National Interest Lands Conservation Alaska National Interest Lands Conservation

Act (ANILCA) 43 USC 1631 et seq.Act (ANILCA) 43 USC 1631 et seq.

Federal Laws – Containing Survey Rules – Federal Laws – Containing Survey Rules – Different from the General Federal Land Survey Different from the General Federal Land Survey

RulesRules

No Monumentation Interior Township

Congress has Created for Alaska

Monumentation 2-mile Interval Township Exterior

Protraction Diagram Basis of Conveyance

Tentative Approval

Interim Conveyance

No Ground Survey or Monumentation AlongMeanderable Water

By fundamental law, upon the issuance of a (tentative approval) (interim conveyance) (patent) for land by the

Federal government; it is just as if the monuments, survey plat and field notes, and the laws, regulations and rules governing how to survey the land described in the (tentative approval) (interim conveyance) (patent), are

stapled to the face of the patent.

The survey rules are spelled out in the manuals and instructions issued by the BLM?

ALASKA STATUTESALASKA STATUTESTitle 38. Public LandTitle 38. Public Land

Chapter 04. Policy for Use and Classification of Chapter 04. Policy for Use and Classification of State Land SurfaceState Land Surface

Chapter 05. Alaska Land ActChapter 05. Alaska Land Act

AS AS § 38.04.900. Regulations§ 38.04.900. RegulationsAS § 38.05.020. Authority and Duties of the AS § 38.05.020. Authority and Duties of the

CommissionerCommissionerDepartment of Natural Resources shall adopt Department of Natural Resources shall adopt regulations to carry out purposes of chaptersregulations to carry out purposes of chapters

Alaska Administrative CodeAlaska Administrative CodeTitle 11. Natural ResourcesTitle 11. Natural Resources

Part 6. LandsPart 6. LandsChapter 53. Records, Surveys, and PlattingChapter 53. Records, Surveys, and Platting

Article 2. Survey and Platting StandardsArticle 2. Survey and Platting Standards

11 AAC 53.150. Supplemental cadastral 11 AAC 53.150. Supplemental cadastral rectangular surveysrectangular surveys

(b) The following survey and platting standards (b) The following survey and platting standards apply to supplemental cadastral rectangular apply to supplemental cadastral rectangular

surveys:surveys:(2) For the north tier of sections, the 1/4(2) For the north tier of sections, the 1/4 and 1/16 and 1/16

sec. cors. must be at mid-pointsec. cors. must be at mid-point

Should Federal Statute Law Alaska-Centric Should Federal Statute Law Alaska-Centric waivers, deviations and modifications be waivers, deviations and modifications be

included in the next edition of the included in the next edition of the ManualManual??

Is there still a need for the Manual?Is there still a need for the Manual?

Questions and DiscussionQuestions and Discussion

http://www.blm.gov/cadastral/Manual/nextedition.htmhttp://www.blm.gov/cadastral/Manual/nextedition.htm

Contact InformationContact Information

Announcements: Upcoming PresentationsAnnouncements: Upcoming Presentations

General InformationGeneral Information

http://http://www.glorecords.blm.govwww.glorecords.blm.gov

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